Terms of Use

I. Preliminary provisions

1.1. Definitions

For the purposes of these Terms of Use, the following definitions apply:

  • PROVIDER: Uptide Solutions and Technology LTDA, registered with the Brazilian CNPJ under no. 59.343.767/0001-66.
  • WEBSITE: The website https://aros.com.br and its subaddresses;
  • APPLICATION: Platform, tool or system offered by the PROVIDER, including but not limited to the arOS system, the Clube da Escala community, pageOS, and others;
  • USER: Individual or legal entity that has registered on the WEBSITE or purchased products and services;
  • OPEN COURSE: An educational product category without specific regulation;
  • MENTORSHIP: Personalized guidance service;
  • RECURRING SUBSCRIPTION: Contracting model with periodic payments.
  • INSTALLMENT ANNUAL PLAN: Contracting model in which the USER commits to the purchase of 12 months of service, with payment facilitated in monthly installments, constituting an indivisible and irrevocable obligation with respect to the total contracted amount.
  • MONTHLY SUBSCRIPTION: Contracting model with monthly renewal and payment, without a loyalty commitment.

1.2. Hierarchy of documents

These Terms of Use constitute the main document governing the relationship between the PROVIDER and the USER, prevailing over any other agreements, specific contracts or policies in the event of conflict. The Privacy Policy and specific contracts for products or services are considered complementary to these Terms.

1.3. Acceptance of the terms

By accessing the WEBSITE and/or purchasing any product or service, and/or registering to access the APPLICATION, the USER declares to be aware of and agrees, in an unrestricted, non-waivable and irrevocable manner, with the entire content of these Terms of Use and with the Privacy Policy.

II. Ownership and operation

2.1. Identification of the PROVIDER

The WEBSITE and all of its content are the exclusive property of Uptide Solutions and Technology LTDA, headquartered at Alameda Rio Negro, 503, Sala 2020, ALPHAVILLE CENTRO INDUSTRIAL E EMPRESARIAL, Barueri SP, Brazil, 06448070.

2.2. Ownership of the WEBSITE

All rights relating to the WEBSITE are reserved to the PROVIDER, including, but not limited to, texts, images, audio, videos and any other content.

2.3. Changes to the Terms of Use

The PROVIDER may change these Terms of Use at any time, without prior notice. It is the sole responsibility of the USER to periodically review the Terms of Use to stay informed of any modifications.

2.4. Updates and improvements

The PROVIDER reserves the right to update, modify, replace or discontinue, temporarily or permanently, any part of the WEBSITE or the APPLICATION, at any time, for purposes of improvement, technical adequacy, error correction or to maintain the relevance and quality of the services and content offered.

  1. The USER acknowledges that any modifications may result in changes to the layout, features or content;
  2. Such changes may occur without prior notice, and shall not give rise to any type of indemnification or reimbursement to the USER;
  3. The PROVIDER does not guarantee that previous versions or discontinued features will be maintained or restored in the future.
  4. The PROVIDER reserves the right to make new features, resources or integrations available exclusively for new plans or upon plan upgrade, and is not obliged to automatically incorporate them into promotional or legacy plans, even if originally offered as "unlimited" or "lifetime" with respect to specific features existing at the time.

III. Account and access

3.1. Registration and responsibilities

The USER is responsible for the truthfulness of the information provided upon registration and for keeping their data up to date.

3.2. Device limitation

Each USER account allows only one device logged in at a time. Attempts at simultaneous access on multiple devices may result in temporary or permanent blocking of the account.

3.3. Service availability

The PROVIDER does not guarantee minimum service uptime. The APPLICATION may experience temporary unavailability due to technical issues, maintenance or any other factors, without this giving rise to any right to compensation or reimbursement.

3.4. Access credentials

The USER is solely responsible for the security of their access credentials, and the sharing of passwords or credentials with third parties is prohibited.

3.5. Credits and validity

Credits or benefits associated with the USER's account are non-cumulative and expire at the end of each billing period, and are not carried over to the subsequent period.

3.6. "Lifetime" plans

  1. Occasionally, the PROVIDER may offer plans or products classified as "lifetime". For all purposes of this agreement, "lifetime" means the period during which the software, the WEBSITE or the APPLICATION is in operation by the PROVIDER;
  2. The PROVIDER does not guarantee the perpetuity or indefinite maintenance of the software or the platform, and may, at any time, cease its activities or discontinue the product in question, without this giving rise to any type of indemnification or reimbursement, including to purchasers of the lifetime plan;
  3. In the event of cessation of activities, access ends fully and immediately, and no financial compensation shall be due to the USER.

3.7. Special plans exclusive to new customers

  1. Special discounted plans are exclusive to new customers. A current customer of other plans may not downgrade to these plans using the same account.

3.8. Promotional plans and legacy plans

  1. Promotional plans and special offers cover exclusively the features available in the APPLICATION on the date of contracting, as expressly described on the purchase page;
  2. The PROVIDER does not guarantee that future features, new resources or integrations developed after contracting will be automatically included in promotional plans, and such resources may require an upgrade, plan migration or additional charge;
  3. Promotional plans may be converted into "legacy plans" at any time, remaining valid only with the features originally contracted, without automatic incorporation of new resources or technologies;
  4. By way of example, but without limitation: API access, new AI models, premium features or resources that significantly alter the PROVIDER's cost structure may not be included in prior promotional plans;
  5. The USER acknowledges and agrees that the promotional price reflects the conditions and technical limitations in effect at the time of purchase, and there is no vested right to future features not expressly guaranteed at the time of contracting.

IV. Fair use policy

4.1. Definition and scope

Every account created in the APPLICATION is subject to the Fair Use Policy, regardless of its type (free or paid, including "unlimited" accounts).

4.2. Excessive consumption

Usage that significantly exceeds the average user pattern may be considered abusive, subject to restrictions or cancellation of the account.

4.3. Prohibited practices

The following are expressly prohibited:

  1. Automation via bots, scripts or similar technologies;
  2. Resale or sharing of access;
  3. Creation of multiple accounts;
  4. Reverse engineering of the APPLICATION;
  5. Use for training other AI models;
  6. Systematic data storage;
  7. Unauthorized commercialization of outputs;
  8. Any use that compromises the stability of the system.

4.4. Monitoring and compliance

The PROVIDER reserves the right to monitor the use of the APPLICATION to ensure compliance with this policy.

V. Payments and refunds

5.1. Payment methods

Payments are processed by specialized financial platforms, subject to their own terms and conditions.

5.2. Refund policy

The USER is entitled to a full refund within the legal period of 7 (seven) days or the extended period offered at the time of purchase.

5.3. Withdrawal period

To exercise the right of withdrawal, the USER must contact support within the established period through the official service channels.

5.4. Payment processing

Matters related to payment processing must be handled directly with the responsible financial platforms.

5.5. Installment annual plans

5.5.1. By contracting an INSTALLMENT ANNUAL PLAN OR MONTHLY-BILLED ANNUAL PLAN, the USER expressly acknowledges and agrees that:

  1. They are purchasing 12 (twelve) months of service at a special discount in exchange for a 12-month loyalty commitment;
  2. The installment plan is a PAYMENT FACILITY that presupposes permanence throughout the contracted period;
  3. The discount granted is given in consideration of the 12-month permanence commitment;
  4. Early cancellation is POSSIBLE, but subject to the conditions set out in section 8.2.6 of these Terms, since the discount was granted on account of the loyalty commitment;
  5. Failure to pay any installment or non-compliance with the cancellation conditions constitutes a breach of contract, subjecting the USER to applicable legal measures, including judicial collection and registration with credit protection agencies.

5.5.2. The difference between the INSTALLMENT ANNUAL PLAN and the MONTHLY SUBSCRIPTION is substantial: while the monthly subscription may be cancelled at any time (subject to prior notice), the annual plan constitutes an irrevocable 12-month commitment.

5.6. Price adjustments and renewal

5.6.1. The amounts displayed on the purchase page are the prices offered at the time of contracting. The PROVIDER may adjust them for future renewal cycles, at its discretion, due to cost variations, market conditions, taxes or service improvements.

5.6.2. Any adjustment applies exclusively as of the next renewal of the USER's plan — for the MONTHLY SUBSCRIPTION, at the following month's renewal; for the annual plan, at the following year's renewal; and so on, according to the contracted periodicity. No adjustment changes the amount of a cycle already paid.

5.6.3. Any adjustment will be communicated to the USER at least 30 (thirty) days before the renewal date to which it applies, through the official channels (e-mail and/or APPLICATION). A USER who does not agree with the new amount may cancel the renewal before it takes effect, pursuant to section 8.2, and will not be bound by the adjusted price.

5.6.4. An exception to this section applies where the PROVIDER, through a specific campaign, expressly guarantees the USER a fixed price ("locked price") immune to adjustments upon renewal, in which case the express conditions of that offer shall prevail while in force. Unless expressly guaranteed, the offering of price-lock mechanisms, early renewal or differentiated renewal conditions is a prerogative of the PROVIDER, which may grant them or not at its sole discretion.

VI. Intellectual property

6.1. Rights of the PROVIDER

All content of the WEBSITE and APPLICATION is protected by copyright and intellectual property rights.

6.2. Rights of the USER

The USER holds the copyright over the content they produce using the APPLICATION, subject to the limitations of these Terms.

6.3. Use restrictions

Reproduction, distribution or modification of the content without express authorization is prohibited.

The reproduction, distribution or commercialization of any content of the APPLICATION/WEBSITE is prohibited, whether by download, screenshot, sharing on social media or any other means, except with the prior written authorization of the PROVIDER.

Any misuse of trademarks, logos or materials owned by the PROVIDER will result in the adoption of applicable legal measures.

6.4. User-generated content

The USER is responsible for the content they generate and its compliance with applicable law.

VII. Limitations of liability

7.1. Service availability

The PROVIDER is not liable for interruptions, technical failures or unavailability of the service.

7.2. Content generated by LLMs

There is no guarantee as to the accuracy of the data, sources or citations generated by the APPLICATION, and their verification is the responsibility of the USER.

7.3. Use of third-party platforms

The PROVIDER is not liable for violations of advertisers' or third-party platforms' policies.

7.4. Losses and damages

The PROVIDER is not liable for losses and damages arising from the use of the APPLICATION, except in the cases provided for by law.

7.5. Expected results

The PROVIDER does not guarantee that the USER will obtain results equal or similar to the examples disclosed in promotional materials or demonstrations, since such results depend on several external factors beyond the PROVIDER's control, such as dedication, market, economic conditions, among others.

7.6. Indirect, special, incidental or consequential damages

Under no circumstances shall the PROVIDER be liable for indirect, special, incidental or consequential damages, including loss of profits, loss of data or loss of business opportunities, arising from the use or inability to use the APPLICATION, even if it has been advised of the possibility of such damages.

VIII. Cancellation and suspension

8.1. Cancellation by the PROVIDER

The PROVIDER may cancel or suspend accounts at any time, without prior notice or justification.

8.2. Cancellation by the USER

8.2.1. The USER may request the cancellation of their account at any time through the official channels, EXCEPT for INSTALLMENT ANNUAL PLANS, which constitute an irrevocable commitment pursuant to section 5.5 of these Terms.

8.2.2. For MONTHLY SUBSCRIPTIONS (non-annual), the USER may request cancellation at any time through the official channels. It is the sole responsibility of the USER to request cancellation at least 30 (thirty) days before the next renewal date. Failure to meet this deadline will result in the charge for the subsequent period.

8.2.3. Merely ceasing to use the APPLICATION or cancelling the credit card does not constitute a cancellation request. The USER must expressly request cancellation through the PROVIDER's official channels.

8.2.4. The cancellation request will only be considered effective after formal confirmation by the PROVIDER through the official channels.

8.2.5. Charges already processed before the cancellation request will not be refunded, except in the cases provided for in the refund section of these Terms.

8.2.6. Cancellation of installment annual plans

8.2.6.1. The USER of an INSTALLMENT ANNUAL PLAN may request early cancellation of the service at any time, subject to compliance with a compensatory prior notice period.

8.2.6.2. Prior notice period:

The cancellation will take effect 2 (two) months from the date of the request, during which period:

  1. The USER will continue to have full access to the service;
  2. Monthly charges will continue to be processed normally;
  3. The prior notice period partially compensates for the discount granted on account of the loyalty commitment originally assumed.

8.2.6.3. Limitation of the prior notice period:

The prior notice period will be limited to the number of outstanding (not yet due) installments of the annual plan.

Examples:

  1. Cancellation request in the 6th month (6 months remaining): full 2-month prior notice;
  2. Cancellation request in the 11th month (1 month remaining): prior notice of 1 month only;
  3. Cancellation request in the 10th month (2 months remaining): 2-month prior notice (ends naturally at the end of the contract).

8.2.6.4. Processing of the cancellation:

  1. The cancellation must be requested through the PROVIDER's official channels;
  2. The PROVIDER will confirm the effective date of the cancellation, taking into account the applicable prior notice period;
  3. During the prior notice period, the USER retains all rights and obligations of the contracted plan;
  4. At the end of the prior notice period, access will be automatically terminated and charges will cease.

8.2.6.5. Guarantee of the right of withdrawal:

The right of withdrawal provided for in the Brazilian Consumer Protection Code (7 days) or the extended period offered by the PROVIDER at the time of purchase remains fully applicable, and cancellation with a full refund is possible within these periods, without the application of a prior notice period or any other penalty.

8.3. Consequences of cancellation

8.3.1. Cancellation does not give rise to any right to reimbursement or indemnification, unless otherwise provided by law.

8.3.2. After cancellation, the USER will lose access to all resources, credits and benefits associated with their account, including data and generated content, with no right to backup or export.

8.3.3. Cancellation does not exempt the USER from paying amounts due up to the effective date of cancellation.

8.4. Automatic renewal

8.4.1. Subscriptions are automatically renewed at the end of each period, except in the event of cancellation in accordance with the procedure set out in these Terms.

8.4.2. The PROVIDER is not liable for charges incurred as a result of the USER's failure to request cancellation within the stipulated period.

8.4.3. Payment method issues do not suspend automatic renewal. It is the USER's responsibility to keep their payment details up to date or to request cancellation if they do not wish to continue the service. In the event of a failure in the automatic charge for any reason (expired card, insufficient funds, etc.), the PROVIDER may attempt to charge again or suspend access until the situation is resolved.

IX. Data protection

9.1. Processing of personal data

The processing of personal data follows the Brazilian General Data Protection Law (LGPD) and our Privacy Policy.

9.2. Sharing of information

Data may be shared as operationally necessary and as required by law.

9.3. Rights of the data subject

The USER has the rights provided for in the LGPD regarding their personal data.

X. Third-party platform integrations

Instagram Business (Meta Graph API)

10.1. Connecting your Instagram Business account to arOS is optional and done upon your explicit consent, through Meta's official authorization flow (OAuth).

10.2. By connecting your account, you authorize arOS to, on your behalf: (a) read the basic information of your profile (name, username and profile picture); and (b) publish on your profile the content that you create and expressly approve on the Platform.

10.3. arOS only publishes content upon your action (for example, by clicking "Publish now" or by approving a publication). No content is published without your authorization.

10.4. You may revoke this authorization at any time, through the Platform itself (profile menu → Connections → Disconnect) or through your Instagram settings (Settings → Website permissions → Apps and websites → arOS → Remove).

10.5. By using the integration, you also undertake to comply with the terms and policies of the connected third-party platforms, including the Instagram Terms of Use, the Community Guidelines and the Meta Platform Terms.

10.6. The processing of data obtained through the Meta Graph API is described in our Privacy Policy.

10.7. Features that depend on the Meta Graph API may be changed, limited or discontinued by Meta, without any liability on the part of arOS.

10.8. arOS is an independent service. We are not affiliated with, sponsored or endorsed by Meta Platforms, Inc. "Instagram" and "Meta" are trademarks of their respective owners.

LinkedIn (LinkedIn API)

10.9. Connecting your LinkedIn account to arOS is optional and done upon your explicit consent, through LinkedIn's official authorization flow (OAuth), in which you review and authorize the requested permissions.

10.10. By connecting your account, you authorize arOS to, on your behalf: (a) read the basic information of your profile (member identifier and name); (b) where applicable, list the company pages you administer (identifier, name and logo), so that you can select where to publish; and (c) publish on your profile and/or on the company pages you administer the content that you create and expressly approve on the Platform.

10.11. arOS only publishes content upon your action (for example, by clicking "Publish now" or by scheduling a publication for a date and time defined by you). No content is published without your authorization.

10.12. By connecting a company page, you represent that you hold the necessary administration rights over that page and that you are authorized by the organization to publish on its behalf.

10.13. You may revoke this authorization at any time, through the Platform itself (profile menu → Connections → Disconnect) or through your LinkedIn settings (Settings & Privacy → Data privacy → Other applications → Permitted services → arOS → Remove).

10.14. By using the integration, you also undertake to comply with the terms and policies of the connected third-party platforms, including the LinkedIn User Agreement and the LinkedIn Professional Community Policies.

10.15. The processing of data obtained through the LinkedIn APIs is described in our Privacy Policy.

10.16. Features that depend on the LinkedIn APIs may be changed, limited or discontinued by LinkedIn, without any liability on the part of arOS.

10.17. arOS is an independent service. We are not affiliated with, sponsored or endorsed by LinkedIn Corporation. "LinkedIn" is a registered trademark of LinkedIn Corporation and its affiliates.

XI. Community

11.1. Participation in communities and forums (where applicable)

  1. If the PROVIDER makes forums, groups or any other form of community available, the USER must comply with the established rules of conduct, refraining from posting offensive, illegal, defamatory or unauthorized advertising content, spam or content that violates the rights of third parties;
  2. The PROVIDER may, at its sole discretion, remove content that violates these Terms of Use or block the access of any USER who engages in conduct deemed inappropriate, without any indemnification or reimbursement being due.

XII. Artificial intelligence tools and similar features

12.1. The AI features that may be offered by the PROVIDER (or by third parties within the APPLICATION environment) are merely auxiliary and informative in nature, and do not constitute legal, financial, tax or any other type of advice;

12.2. The USER acknowledges and agrees that AI models may present errors, distortions or "hallucinations" in their responses, and the PROVIDER shall bear no liability for the accuracy, completeness or truthfulness of the generated content;

12.3. The USER is solely and exclusively responsible for the interpretation and use of the responses provided by the AI tools, and must always validate and verify any information before treating it as definitive;

12.4. The PROVIDER is not liable for any damages, losses or harm arising from the use (or inability to use) of the AI features, and it is up to the USER to assess their suitability for the specific case;

12.5. The creation or generation of content by AI that violates morality, the law or the rights of third parties is prohibited, under penalty of suspension or cancellation of the USER's account.

XIII. Dispute resolution

13.1. Attempt at amicable resolution

The parties undertake to seek an amicable solution to any disputes.

13.2. Mediation and arbitration

Disputes may be resolved through mediation or arbitration, without prejudice to recourse to the Judiciary.

13.3. Jurisdiction

The courts of the Judicial District of São Paulo, State of São Paulo, Brazil, are hereby elected to settle any disputes.

XIV. General provisions

14.1. Communications

All communications must be made through the official channels available on the WEBSITE.

14.1.1. Support

All support requests, questions or complaints must be submitted through the official channels available on the WEBSITE (or by e-mail, chat, etc.), with an estimated response time of up to 5 (five) business days.

14.2. Severability of clauses

The nullity of any clause does not affect the validity of the remaining provisions.

14.3. Tolerance

Tolerance of the breach of any obligation does not imply a waiver of rights.